What are the general principles to apply to a division of half interest in a long-term relationship?

British Columbia, Canada


The following excerpt is from Grant v. Grant, 1982 CanLII 326 (BC SC):

In my view, the general principles to be applied to the present dispute are: 1. Prima facie, each spouse is entitled to an undivided one-half interest (Family Relations Act, s. 43). 2. Where such equal division would be unfair, having regard to the certain factors, the court may change the equal division. 3. The meaning of "unfair" has been dealt with in Margolese v. Margolese, supra, at p. 742, where it is stated: "The word 'unfair' means 'unjust or inequitable' having regard to the guidelines set out in s. 51 of the Act. This section of the Act was not intended to provide the court with a broad discretion as to the division of assets. The whole of Pt. III of the Act is remedial legislation and s. 51 of the Act cannot be considered as though it were a mere substitute for s. 8 of the old Act [1972 (B.C.) c. 20]. The court must therefore ascertain whether there is evidence indicating unfairness in respect of one or more of the factors set out in s. 51." 4. The onus of persuading the court to change the equal division rests on the party seeking such change and must be discharged on a balance of probabilities or on a preponderance of evidence.

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